
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1864]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 16--NATIONAL SCIENCE FOUNDATION
 
Sec. 1864. Director of Foundation


(a) Appointment; compensation; term of office

    The Director of the Foundation (referred to in this chapter as the 
``Director'') shall be appointed by the President, by and with the 
advice and consent of the Senate. Before any person is appointed as 
Director, the President shall afford the Board an opportunity to make 
recommendations to him with respect to such appointment. The Director 
shall receive basic pay at the rate provided for level II of the 
Executive Schedule under section 5313 of title 5, and shall serve for a 
term of six years unless sooner removed by the President.

(b) Exercise of authority of Foundation; actions as final and binding 
        upon the Foundation

    Except as otherwise specifically provided in this chapter (1) the 
Director shall exercise all of the authority granted to the Foundation 
by this chapter (including any powers and functions which may be 
delegated to him by the Board), and (2) all actions taken by the 
Director pursuant to the provisions of this chapter (or pursuant to the 
terms of a delegation from the Board) shall be final and binding upon 
the Foundation.

(c) Delegation and redelegation of functions

    The Director may from time to time make such provisions as he deems 
appropriate authorizing the performance by any other officer, agency, or 
employee of the Foundation of any of his functions under this chapter, 
including functions delegated to him by the Board; except that the 
Director may not redelegate policymaking functions delegated to him by 
the Board.

(d) Formulation of programs

    The formulation of programs in conformance with the policies of the 
Foundation shall be carried out by the Director in consultation with the 
Board.

(e) Authority to grant, contract, etc.; delegation of authority or 
        imposition of conditions; reporting requirement

    (1) The Director may make grants, contracts, and other arrangements 
pursuant to section 1870(c) of this title only with the prior approval 
of the Board or under authority delegated by the Board, and subject to 
such conditions as the Board may specify.
    (2) Any delegation of authority or imposition of conditions under 
paragraph (1) shall be promptly published in the Federal Register and 
reported to the Committee on Labor and Human Resources, and the 
Committee on Commerce, Science, and Transportation, of the Senate and 
the Committee on Science of the House of Representatives.

(f) Status; power to vote and hold office

    The Director, in his capacity as ex officio member of the Board, 
shall, except with respect to compensation and tenure, be coordinate 
with the other members of the Board. He shall be a voting member of the 
Board and shall be eligible for election by the Board as Chairman or 
Vice Chairman of the Board.

(May 10, 1950, ch. 171, Sec. 5, 64 Stat. 151; Pub. L. 86-232, Sec. 3, 
Sept. 8, 1959, 73 Stat. 467; Pub. L. 90-407, Sec. 3, July 18, 1968, 82 
Stat. 362; Pub. L. 99-159, title I, Sec. 109(b), Nov. 22, 1985, 99 Stat. 
889; Pub. L. 103-437, Sec. 15(c)(1), Nov. 2, 1994, 108 Stat. 4591; Pub. 
L. 105-207, title II, Sec. 202(a)(2), July 29, 1998, 112 Stat. 873.)


                               Amendments

    1998--Subsec. (e)(2). Pub. L. 105-207 added par. (2) and struck out 
former par. (2), which read as follows: ``Any delegation of authority or 
imposition of conditions under the preceding sentence shall be effective 
only for such period of time, not exceeding two years, as the Board may 
specify, and shall be promptly published in the Federal Register and 
reported to the Committees on Labor and Human Resources and Commerce, 
Science, and Transportation of the Senate and the Committee on Science, 
Space, and Technology of the House of Representatives. On October 1 of 
each odd-numbered year the Board shall submit to the Congress a concise 
report which explains and justifies any actions taken by the Board under 
this subsection to delegate its authority or impose conditions within 
the preceding two years. The provisions of this subsection shall cease 
to be effective at the end of fiscal year 1989.''
    1994--Subsec. (e)(2). Pub. L. 103-437 substituted ``Science, Space, 
and Technology'' for ``Science and Technology''.
    1985--Subsec. (e). Pub. L. 99-159 amended subsec. (e) generally. 
Prior to amendment, subsec. (e) read as follows: ``The Director shall 
not make any contract, grant, or other arrangement pursuant to section 
1870(c) of this title without the prior approval of the Board, except 
that a grant, contract, or other arrangement involving a total 
commitment of less than $2,000,000, or less than $500,000 in any one 
year, or a commitment of such lesser amount or amounts and subject to 
such other conditions as the Board in its discretion may from time to 
time determine to be appropriate and publish in the Federal Register, 
may be made if such action is taken pursuant to the terms and conditions 
set forth by the Board, and if each such action is reported to the Board 
at the Board meeting next following such action.''
    1968--Subsec. (a). Pub. L. 90-407 inserted provision prescribing the 
annual rate of compensation of the Director, and struck out provision 
authorizing the Director to serve as a nonvoting ex officio member of 
the Board and as the chief executive officer of the Foundation.
    Subsec. (b). Pub. L. 90-407 substituted provisions authorizing the 
Director, except as otherwise provided, to exercise all of the authority 
granted to the Foundation by this chapter and to take action final and 
binding upon the Foundation for provisions authorizing the Director, in 
addition to the powers and duties specifically vested in him by this 
chapter, to exercise the powers granted by sections 1869 or 1870(c) of 
this title and such other powers and duties delegated by the Board to 
him, and the proviso that no action taken by the Director pursuant to 
section 1869 or 1870(c) shall be final unless in each instance the Board 
has reviewed and approved the action proposed to be taken, or such 
action is taken pursuant to the terms of a delegation of authority from 
the Board or the Executive Committee to the Director.
    Subsecs. (c) to (f). Pub. L. 90-407 added subsecs. (c) to (f).
    1959--Subsec. (b). Pub. L. 86-232 provided for delegation of 
authority from the Board or the Executive Committee to the Director.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-407, insofar as related to rates of basic 
pay, effective on first day of first calendar month which begins on or 
after July 18, 1968, see section 15(a)(4), set out as a note under 
section 5313 of Title 5, Government Organization and Employees.

                          Transfer of Functions

    Authority of Director of National Science Foundation, from time to 
time, to make appropriate provisions authorizing performance by any 
other officer, or by any agency or employee, of National Science 
Foundation of any of his functions (including functions delegated to him 
by National Science Board), see Reorg. Plan No. 5 of 1965, eff. July 27, 
1965, 30 F.R. 9355, 79 Stat. 1323, set out in the Appendix to Title 5, 
Government Organization and Employees.
    Office of Director of National Science Foundation established under 
provisions of this section abolished and functions transferred to 
Director of National Science Foundation appointed pursuant to Reorg. 
Plan No. 2 of 1962, see section 22 (a), (b) of Reorg. Plan No. 2 of 
1962, eff. June 8, 1962, 27 F.R. 5419, 76 Stat. 1253, set out as a note 
under section 1861 of this title.


         Research Purposes of Grants; Brief Statement in Titles

    Pub. L. 96-516, Sec. 20, Dec. 12, 1980, 94 Stat. 3010, provided 
that: ``The Director of the National Science Foundation shall require 
the titles of all its grants to contain a brief statement of the purpose 
of the research being undertaken. Insofar as possible such statements 
shall be in layman's language.''


         Feasibility Study of Solar Energy Transmission to Earth

    Pub. L. 95-434, Sec. 8, Oct. 10, 1978, 92 Stat. 1050, provided that:
    ``(a) The Director of the National Science Foundation, in 
consultation with the Director of the Office of Science and Technology 
Policy, the Secretary of Energy, the Administrator of the National 
Aeronautics and Space Administration, and technical experts in public 
agencies, private organizations, and academic institutions, is 
authorized to determine the need to provide support under this Act for a 
study of the feasibility of transmitting solar energy to Earth by using 
orbital structures manufactured from lunar or asteroidal materials, and 
the impact of such a feasibility study, if any, on existing National 
Science Foundation programs.
    ``(b)(1) If the Foundation determines that such a feasibility study 
is necessary, the Foundation is authorized to conduct such a study 
directly or by grants or contracts with public agencies, private 
organizations, or academic institutions.
    ``(2) At the conclusion of any such study the Foundation shall 
prepare and submit to the President and to the Congress a report of the 
study, together with such recommendations as the Foundation deems 
appropriate.
    ``(3) Of the funds authorized in section 2, $500,000 shall be 
available to carry out the provisions of this subsection.''


  Feasibility Study of the Operation of the Peer Review System in the 
                      Evaluation of Grant Proposals

    Pub. L. 94-471, Sec. 2(f), Oct. 11, 1976, 90 Stat. 2053, provided 
that: ``The Director of the National Science Foundation is authorized 
and directed to conduct a feasibility study of operating the peer review 
system used in the evaluation of grant proposals within the Foundation 
so as to assure that the identity of the proposer is not known to the 
reviewers of the proposal. Any such system shall be considered to 
supplement and not to supplant the peer review system in operation in 
the Foundation on the date of enactment of this Act [Oct. 11, 1976].''


  Science for Citizens Program; Preparation and Submission of Plan to 
                         Committees of Congress

    Pub. L. 94-86, Sec. 3, Aug. 9, 1975, 89 Stat. 429, directed the 
Director of the National Science Foundation to prepare a comprehensive 
plan for the establishment and conduct of a ``Science for Citizens 
Program'' and, within six months from Aug. 9, 1975, submit the plan to 
specific committees of the House of Representatives and Senate. See 
section 5 of Pub. L. 94-471, set out as a note under section 1862 of 
this title.


 Participation of Public in Conduct of Foundation Programs; Preparation 
            and Submission of Plan to Committees of Congress

    Pub. L. 94-86, Sec. 4, Aug. 9, 1975, 89 Stat. 430, authorized the 
Director of the National Science Foundation to prepare a comprehensive 
plan to facilitate the participation of members of the public in the 
formulation, development, and conduct of National Science Foundation 
programs, policies, and priorities and to submit the resulting 
recommendations, plans, or other findings to specific committees of the 
House of Representatives and the Senate within 120 days from Aug. 9, 
1975.


 Continuation of Existing Offices, Procedures, and Organization of the 
                       National Science Foundation

    Amendment by Pub. L. 90-407 intended to continue in effect the 
existing offices, procedures, and organization of the Foundation, see 
section 16 of Pub. L. 90-407, set out as a note under section 1862 of 
this title.
